he and his pledges to profecute be in mercy &c. and that the faid C. D. do go thereof without day, &c. And it is further confidered &c.

The like for a furviving defendant.

(As in the laft to the words " none of them did appear" and then as follows. At which day before the faid Juftices of the faid people at &c. come as well the faid A. B. by his attorney aforefaid, as the faid C. D. by his attorney aforefaid, and the faid E. F. comes not, and the Hon. S. T. Efq. one of the faid Juf. tices of &c. before whom &c has fent hither his record had before him in thefe words, to wit: Afterwards, &c. (here copy the poftea) and upon this the faid C.D. gives the Court here to understand, and be informed, that after the last continu. ance of the plea aforefaid, and before this day, to wit, on &c. the said E. F. died, to wit, at &c. and the faid C. D. there furvived him, which the faid A. B. does not deny, but admits the fame to be true, wherefore the faid C. D. prays judg ment of and upon the premifes; Therefore it is confidered that the faid A. B. take nothing by his bill aforefaid but that he and his pledges to profecute be in mercy, &c. and that all further proceedings, as to the faid E. F. be ftayed and that the faid C. D. do go thereof without day &c. And it is further confidered, &c.

Judgment on report of Referees who find nothing due Plaintiff.

PLEAS before the Juftices of the People of the State of
New-York, of &c. (as before.)

[Take in warrants, memorandum, narr. and imparlance, if necessary, and then plea, replication, &c, &c. until iffue joined, then thus :)

Therefore let a jury thereupon come before the faid Juftices of the faid People, at the City Hall of the City of New. York, on the first Monday of May next, by whom &c. and who neither, &c. to recognize &c. because as well &c. the fame day is given to the parties aforefaid at the fame place; At which day before the faid Justices of the faid People, at the City-Hall of the City of New-York, come the parties aforefaid, by their attornies aforefaid, and the Sheriff of the faid City and County of New-York, hath not fent the writ of the faid People to him in that behalf directed, nor hath he done any thing thereupon.-Therefore, as before, let a Jury thereupon come, &c.(and fo continue it down from term to term until the matter is referred, then fay) and hereupon it is mutually agreed by and between the parties aforefaid, by their attornies aforefaid, and ordered by the faid Court of the faid People, now here, according to the form of the act in fuch cafe made and provided, that this caufe, now depending in the faid Court before the faid Juftices, between the parties aforefaid, be referred to J. R. R. B. and T. B. to hear and examine the matters in controversy between the parties aforefaid, and that the faid J. R. &c. or any two of them make report thereon to the faid Juftices of the faid people, at the City Hall of the City of Albany, on the first Monday of Auguft next; the fame day is given to the parties aforefaid, at the fame place: At which day before &c. at the City-Hall of the City of Albany, come the parties aforefaid by their attornies aforefaid, and the referees aforefaid, or any two of them have not made any report concerning the faid matters in controverfy between the parties aforefaid: And hereupon the parties aferefaid, by their attornies aforefaid, fuggest to the faid Court before the faid Juftices, that one of the referees aforefaid, to wit, J. R. cannot confiflently attend the reference aforefaid, to hear and examine the matters in controverfy between the parties aforefaid, and make report thereon: Whereupon it is mutually agreed by and between the parties afore

faid

faid, by their attornies aforefaid, and ordered by the faid Court, before the faid Justices now here, that W. C. be fubftituted and appointed a referee in this cause now depending in the faid Court, before the faid Juftices, between the parties aforefaid, in the place and ftead of J. R. and that, according to the form of the act in fuch cafe made and provided, the faid caufe now here depending in the faid Court, before the faid Jultices, between the parties aforefaid, be referred to the aforefaid R. B. T. B. and W. C. to hear and examine the matters in controverfy between the parties aforefaid, and that they, or any two of them make report thereon, to the faid Juftices of the faid people, at the City-Hall of the City of New-York, on the fecond Monday of November next; the fame day is given to the parties aforefaid, at the fame place: At which day, before the faid Juftices of the faid people, at theCity-Hall, of the City of New York, come the parties aforefaid, by their attornies aforefaid, and the referees aforefaid, or any two of them have not made any report,&c. (as before.) Therefore, as before, it is ordered by the faid Court, now here, that the referees aforefaid hear and exa. mine the faid matters in controverfy between the parties aforefaid, and that they or any two of them make report thereon to the faid Juftices of the faid peo ple, at the City-Hall of the City of Albany on the firft Monday of February next; the fame day is given to the parties aforefaid, at the fame place; At which day, before the faid justices &c.at the City-Hall of the City of Albany, come the parties aforefaid, by their attornies aforefaid, and the referees aforefaid, to wit, R. B. T. B. and W. C. their report in the premifes, made and figned by them On the day of &c. return here, in the words following, to wit, (here infert the report, ftating that nothing is found due &c. and proceed) Whereupon the faid T. T. (who is impleaded with the faid C. D.) now here in Court, before the faid Jultices, by his attorney aforefaid, prays that the faid report may be confirmed and he alfo prays judgment thereon for their cofts and charges by them in and about their defence in this behalf expended, to be adjudged to them &c. Therefore it is confidered, by the faid Court now here, that the said report be confirmed, and that the said A. B. take nothing by his faid bill, but that he and his pledges to profecute be in mercy, &c.and that the faid T. T. and C. D. do go thereof without day &c. And it is further confidered, that the faid T. T. and C. D. recover against the said A. B. dollars, for their costs and charges by them laid out about their defence in this behalf, by the Court of the faid People now here adjudged to the faid T. T. and C. D. and with their af fent, according to the form of the act in such case made and provided, and that the faid T. T. and C. D. have execution thereof, &c.

།

Fieri facias in affumpfit.

THE PEOPLE of &c. To the Sheriff of &c. Greeting: We command you that of the goods and chattels of C. D. in your bailiwick, you caufe to be made

dollars, which A. B, lately in our Supreme Court of Judicature at the City of &c. recovered against him for his damages which he had fuftained, as well on occafion of the not performing certain promifes and undertakings, then lately made by the faid C. D. to the faid A. B. as for his cofts and charges by him about his fuit, in that behalf expended: Whereof the faid C. D. is convicted as appears to us of record, and if futficient goods and chattels, of the faid C. D. cannot be found within your bailiwick, that then and in that cafe, you cause the damages aforefaid, to be made of the lands and tenements whereof the fait C. D. was feized on the day of in the year &c. or at any time thereafter in whofe hands foever the fame may be: And have you that money before our

Juftices

Justices of our faid Court, at the City-Hall of the City of &c. on &c. to render to the faid A. B. for his damages aforefaid; and have there then this writ. Witnefs, James Kent, Efquire, our Chief Juftice, at the City of &c. the day of in the year &c. Fairlie and Bloodgood.

The like by and against furviving partners.

THE PEOPLE of &c. To the Sheriff of &c. Greeting: We command you that of the goods and chattels of G. H. and J. K. in your bailiwick, you caufe to be made dollars, which A. B. C. D. and E. F. in the life time of the faid E. F. now deceased, and whom the faid A. B. and C. D. have furvived, lately in our Supreme Court, of Judicature at the City of &c. recovered against them the faid G. H. and J. K. and one L. M in his life time, now deceased, and whom the faid G. H. and J.K. have furvived, for their damages which they had fuftained as well on occafion of the not performing certain promifes and undertakings then lately made by the faid G. H. J. K. and L. M. to the faid A. B. C. D. and E. F. as for their cofts and charges &c. whereof the faid G, H. J. K. and L. M. are convicted as appears to us of record, and if fufficient goods and chattels of the faid G. H. and J. K. cannot be found &c. and have that money, &c.

The like upon a judgment by an executor or adminiftrator.

THE PEOPLE of &c. To the Sheriff of &c. Greeting: We command you that of the goods and chattels of C. D. in your bailiwick, you cause to be made

dollars, which A. B. executor of the laft will and teftament of E. F. deceafed, (or adminiftrator of all and fingular the goods, chattels and credits, which were of E. F. deceased, at the time of his death, who died inteftate) lately in our Supreme Court of Judicature, at the City of &c. recovered against &c. whereof the faid C. D. is convicted, as appears to us of record, and it fufficient goods and chattels of &c. cannot be found &c. and have that money before our juftices of &c. at &c. to render to the faid A. B. executor (or admi. niftator) as aforefaid, for the damages aforefaid; and have then there this writ. Witnefs, &c.

The like on a judgment against an executor or adminiftrator, de bonis tef. tatoris &c,

THE PEOPLE of &c. To the Sheriff of &c. Greeting: We command you that of the goods and chattels, in your bailiwick which were of E.F. deceased, at the time of his death, in the hands of C. D. executor &c. (or adminiftrator &c.) to be adminiftered, you cause to be made dollars which A. B. lately in our fupreme Court of Judicature at the City of &c. recovered against the faid C. D. as executor, (or adminiftrator) as aforefaid, for his damages which he hed sustained, as well on occafion of the not performing certain promifes and undertakings, made by the faid E. F. in his life time to the faid A. B. as for his cofts and charges by him about his fuit in that behalf expended, whereof the faid C. D. is convicted, as appears to us of record, if the faid C. D hath fo much thereof in his hands, to be adminiftered; and if he hath not fo much there. of in his hands to be administered, then that you caufe to be made dollars parcel of the damage aforefaid, being for the cofts and charges aforefaid, of the proper goods and chattels, of the faid C. D. in your bailiwick; and if fufficient goods and chattels of the faid C. D. cannot be found, &c. and have that mo ney &c.

Fieri

Fieri facias in debt.

THE PEOPLE of &c. To the Sheriff of &c. Greeting: We command you that of the goods and chattels of C. D. in your Bailiwick your caufe to be made a certain debt of dollars which A. B. lately in our Supreme Court of Judicature at the City of New-York, recovered against him and alfo dollars which in our fame Court at the City of &c. aforefaid were adjudged to the faid A. B. for his damages which he had sustained, as well on occasion of the detention of the faid debt, as for his cofts and charges, by him about his suit in that behalf expended, whereof the faid C. D. is convicted as appears to us of record; and if fufficient goods and chattels of the faid C. D. cannot be found, that then and in that cafe you cause the debt and damages aforefaid to be made of &c. and have that money before our Justices of our faid Court at &c. on &c. to render to the faid A. B. for his debt and damages aforefaid; and have there then this writ. Witnels. &c.

In Covenant.

For his damages which he had fuftained as well on occafion of the breach of a certain covenant, made between the faid A. B. and the faid C. D. as for his cofts and charges &c..

In Cafe.

For his damages which he had fuftained as well on occafion of a certain griev ance then lately committed by the faid C. D. to the faid A. B. as for his

colts &c.

In Trover.

For his damages which he had fuftained as well on occafion of the converting and difpofing of certain goods and chattels of the said A. B. by the said C. D. as for his cofts &c.

In an action for words.

For his damages which he had fuftained as well on occafion of the speaking and publishing of certain falfe, fcandalous, malicious and defamatory words, then lately poken and published by the faid C. D. to, of and concerning the faid A. B. as for his cofts &c.

In Replevin.

For his damages which he had fuftained as well on occafion of the taking and unjully detaining of the cattle, goods and chattels of the faid C. D. as for his cofis &c.

In Trefpafs.

For his damages which he had fuftained as well on occafion of a certain trefpafs, then lately committed by the faid C. D. as for his cofts &c.

In Trefpafs and Affault,

For his damages which he had fuftained as well on occafion of a certain trespass and affault then lately committed by the faid C. D. on the faid A. B. as for his colls &c.

In Trespals

In Trespass and EjeƐment,

For his damages which he had fuftained as well on occafion of a certain tref. pals and affault then lately committed by the said C. D. against the said A. B. as for his cofts &c.

Fieri Facias on a nonfuit.

THE PEOPLE of &c. To the Sheriff of &c. Greeting: We command you that of the goods and chattels of A. B. in your bailiwick, you cause to be made

dollars which lately in our Supreme Court of Judicature at the City of &c. were adjudged to C. D. according to the form of the act in fuch cafe made and provided, for his cofts and charges by him laid out in and about his defence in a certain action of trefpafs on the cafe upon promifes (or as the action is) late. ly brought in our faid court by the faid A. B. against the faid C. D. for that the faid A. B. did not profecute the faid action; whereof the faid A. B. is con. victed as to us appears of record, and if fufficient goods and chattels of the faid A. B. cannot be found within your bailwick that then &c. and have that mon. ey before our juftices of &c. on &c. at &c. to render to the faid C. D. for his cofts and charges aforefaid; and have there then this writ &c.

The like on a verdict for defendant.

For his cofts and charges by him laid out in and about his defence, in a certain action of trefpafs on the cafe upon promifes (or as the action is) lately brought in our faid court by the faid A. B. against the said C. D. whereof &c.

The like on a judgment as in cafe of a non fuit.

For his cots and charges by him laid out in and about his defence in a cer. tain action of trefpafs on the cafe upon promifes (or as the action is) then lately commenced and depending in our faid court, at the fuit of the faid A. B. againit the faid C. D. for that the faid A. B. had neglected to bring a certain iffue before then joined in the faid action, on to be tried, according to the course ard practice of the faid court; whereof &c.

Fieri facias against an exccutor or adminiftrator, de bonis propriis, after a return of devaftavit.

THE PEOPLE of &c. To the Sheriff of &c. Greeting: Whereas we lately commanded you, that of the goods and chattels which were of E. F. deceased, at the time of his death, in the hands of C. D. executor of the laft will and teftament of the faid E. F. (or administrator of all and fingular the goods, chattels and credits, which were of the faid E. F. at the time of his death, who died inteftate) to be administered, in your bailiwick, you should cause to be made, &c. (reciting the fieri facias de bonis teftatoris, &c.) And you at that day returned to our faid juftices that the faid C. D. had no goods or chattels which were of the faid E. F. &c. (reciting the Sheriff's return.) Therefore, we command yout that of the proper goods and chattels of the faid C. D. in your bailiwick, you caufe to be made the faid dollars, and if fufficient goods and chattels, of the faid C. D. cannot, &c. and have that money before our faid Juftices, at the City-Hall of &c. on &c. to render to the faid A. B. for his damages (or debt and damages) aforefaid: and have there then this writ. Witnefs &c.

Habere